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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information relating to persons |
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who are certified to provide guardianship services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.1386, Government Code, is amended by |
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amending Subsections (a), (b), (c), (d), and (e) and adding |
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Subsection (a-6) to read as follows: |
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(a) Except as provided by Subsections (a-1), [and] (a-5), |
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and (a-6), the clerk of the county having venue over a proceeding |
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for the appointment of a guardian under Chapter XIII, Texas Probate |
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Code, shall obtain from the department criminal history record |
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information maintained by the department that relates to: |
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(1) a private professional guardian; |
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(2) each person who represents or plans to represent |
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the interests of a ward as a guardian on behalf of the private |
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professional guardian; |
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(3) each person employed by a private professional |
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guardian who will: |
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(A) have personal contact with a ward or proposed |
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ward; |
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(B) exercise control over and manage a ward's |
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estate; or |
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(C) perform any duties with respect to the |
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management of a ward's estate; |
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(4) each person employed by or volunteering or |
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contracting with a guardianship program to provide guardianship |
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services to a ward of the program on the program's behalf; or |
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(5) any other person proposed to serve as a guardian |
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under Chapter XIII, Texas Probate Code, including a proposed |
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temporary guardian and a proposed successor guardian, other than |
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the ward's or proposed ward's family member or an attorney. |
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(a-6) The clerk described by Subsection (a) is not required |
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to obtain criminal history record information for a person who |
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holds a certificate issued under Section 111.042 or a provisional |
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certificate issued under Section 111.0421 if the Guardianship |
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Certification Board conducted a criminal history check on the |
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person before issuing or renewing the certificate. The board shall |
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provide to the clerk at the court's request the criminal history |
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record information that was obtained from the department or the |
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Federal Bureau of Investigation. |
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(b) Criminal history record information obtained by or |
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provided to a clerk under Subsection (a), [or] (a-5), or (a-6) is |
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for the exclusive use of the court and is privileged and |
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confidential. |
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(c) Criminal history record information obtained by or |
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provided to a clerk under Subsection (a), [or] (a-5), or (a-6) may |
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not be released or disclosed to any person or agency except on court |
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order or with the consent of the person who is the subject of the |
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information. The clerk may destroy the criminal history record |
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information after the information is used for the purposes |
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authorized by this section. |
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(d) The criminal history record information obtained under |
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Subsection (a-4) is for the exclusive use of the court or |
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Guardianship Certification Board, as appropriate, and is |
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privileged and confidential. The information may not be released |
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or otherwise disclosed to any person or agency except on court |
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order, with the [or] consent of the person being investigated, or as |
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authorized by Subsection (a-6) or Section 698(a-6), Texas Probate |
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Code. The county clerk or Guardianship Certification Board may |
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destroy the criminal history record information after the |
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information is used for the purposes authorized by this section. |
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(e) The court, as that term is defined by Section 601, Texas |
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Probate Code, shall use the information obtained or provided under |
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Subsection (a), (a-4)(1), [or] (a-5), or (a-6) only in determining |
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whether to: |
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(1) appoint, remove, or continue the appointment of a |
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private professional guardian, a guardianship program, or the |
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Department of Aging and Disability Services; or |
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(2) appoint any other person proposed to serve as a |
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guardian under Chapter XIII, Texas Probate Code, including a |
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proposed temporary guardian and a proposed successor guardian, |
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other than the ward's or proposed ward's family member or an |
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attorney. |
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SECTION 2. Subsection (c), Section 411.1406, Government |
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Code, as added by Chapter 15 (S.B. 505), Acts of the 80th |
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Legislature, Regular Session, 2007, is amended to read as follows: |
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(c) Criminal history record information obtained by the |
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board under Subsection (b): |
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(1) may be used by the board for any purpose related to |
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the issuance, denial, suspension, revocation, or renewal of a |
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certificate issued by the board; |
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(2) may not be released or disclosed to any person |
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except: |
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(A) on court order; |
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(B) [or] with the consent of the person who is the |
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subject of the information; or |
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(C) as authorized by Section 411.1386(a-6) of |
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this code or Section 698(a-6), Texas Probate Code; and |
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(3) shall be destroyed by the board after the |
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information is used for the authorized purposes. |
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SECTION 3. Section 698, Texas Probate Code, is amended by |
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amending Subsections (a), (b), and (b-1) and adding Subsection |
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(a-6) to read as follows: |
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(a) Except as provided by Subsections (a-1), [and] (a-5), |
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and (a-6) of this section, the clerk of the county having venue over |
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the proceeding for the appointment of a guardian shall obtain |
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criminal history record information that is maintained by the |
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Department of Public Safety or the Federal Bureau of Investigation |
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identification division relating to: |
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(1) a private professional guardian; |
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(2) each person who represents or plans to represent |
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the interests of a ward as a guardian on behalf of the private |
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professional guardian; |
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(3) each person employed by a private professional |
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guardian who will: |
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(A) have personal contact with a ward or proposed |
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ward; |
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(B) exercise control over and manage a ward's |
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|
estate; or |
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(C) perform any duties with respect to the |
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management of a ward's estate; |
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(4) each person employed by or volunteering or |
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contracting with a guardianship program to provide guardianship |
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services to a ward of the program on the program's behalf; or |
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(5) any other person proposed to serve as a guardian |
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under this chapter, including a proposed temporary guardian and a |
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proposed successor guardian, other than the ward's or proposed |
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ward's family member or an attorney. |
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(a-6) The clerk described by Subsection (a) of this section |
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is not required to obtain criminal history record information for a |
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person who holds a certificate issued under Section 111.042, |
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Government Code, or a provisional certificate issued under Section |
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111.0421, Government Code, if the Guardianship Certification Board |
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conducted a criminal history check on the person before issuing or |
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renewing the certificate. The board shall provide to the clerk at |
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the court's request the criminal history record information that |
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was obtained from the Department of Public Safety or the Federal |
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Bureau of Investigation. |
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(b) The criminal history record information obtained or |
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provided under Subsection (a), [or] (a-5), or (a-6) of this section |
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is for the exclusive use of the court and is privileged and |
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confidential. The criminal history record information may not be |
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released or otherwise disclosed to any person or agency except on |
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court order or consent of the person being investigated. The |
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county clerk may destroy the criminal history information records |
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after the records are used for the purposes authorized by this |
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section. |
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(b-1) The criminal history record information obtained |
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under Subsection (a-4) of this section is for the exclusive use of |
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the court or Guardianship Certification Board, as appropriate, and |
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is privileged and confidential. The information may not be |
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released or otherwise disclosed to any person or agency except on |
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court order, with the [or] consent of the person being |
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investigated, or as authorized by Subsection (a-6) of this section |
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or Section 411.1386(a-6), Government Code. The county clerk or |
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Guardianship Certification Board may destroy the criminal history |
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record information after the information is used for the purposes |
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authorized by this section. |
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SECTION 4. The changes in law made by this Act apply to a |
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proceeding for the appointment of a guardian that is pending or |
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filed on or after the effective date of this Act. |
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SECTION 5. Notwithstanding Section 4 of this Act, the |
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requirement that the Guardianship Certification Board provide |
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criminal history record information to a county clerk on request |
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that is imposed by Subsection (a-6), Section 411.1386, Government |
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Code, as added by this Act, and Subsection (a-6), Section 698, Texas |
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Probate Code, as added by this Act, applies only with respect to |
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criminal history record information obtained by the board on or |
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after January 1, 2009. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |